HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39458 of 2023 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Adesh Kumar, learned counsel for applicant, Sri Mandvi Tripathi, learned counsel for the informant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.58 of 2023, under Sections 302, 506 I.P.C., Police Station Inchauli, District-Meerut with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. It is alleged that the applicant assaulted the deceased with a sharp-edged weapon, namely Balakati, whereas the post-mortem report reveals only lacerated wounds, which do not correspond with the alleged weapon. The incident appears to be a case of blind murder, as is evident from the statements of two witnesses, namely Sunil and Pintu, who merely informed the villagers upon seeing the dead body. It was only thereafter that the informant dialed 112 and Versus Counsel for Applicant(s) : Adesh Kumar, Barkha Chaudhary Counsel for Opposite Party(s) : G.A., Mandvi Tripathi, Santosh Tripathi Abhishek .....Applicant(s) State of U.P. .....Opposite Party(s) called the police, resulting in a delayed lodging of the FIR. There is no allegations of deceased being hit by hard and blunt object i.e. Lathi. There is no criminal history of the applicant. The applicant is in jail since 18.03.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that applicant had carried motive to commit the offence as the brother of the deceased person had eloped with the sister of the applicant, as such, he is not entitled for bail. 6. This Court had perused the post-mortem report which indicates that injury No.1 was an incised wound and there were multiple incised wounds as mentioned in injury No.4. Balakati is a sharp edged weapon from one side and other edge is blunt, as such, there is likelihood of offence being committed from both sides of the Balakati. 7. This Court had called for status of trial from the trial court concerned. As per the status report dated 22.08.2025 received from the trial court concerned five witness has been examined. 8. The Supreme Court in case of X Vs. State of Rajasthan & Anr., 2024 INSC 909, has held that once the trial has commenced, it should be allowed to reach to its final conclusion, which may either result in conviction or acquittal of the accused. The bail should not be normally granted to the accused after the charge has been framed that too before the statement of the victim is recorded. It should also not be granted by looking into the discrepancies here or there in the deposition. 9. After hearing learned counsel for the parties and taking into consideration the fact that the FIR is prompt coupled with the fact that five witnesses have been examined during trial, I do not find it a fit case for grant of bail to the applicant. 10. The bail application is found devoid of merits and is, accordingly, rejected. BAIL No. 39458 of 2023 2 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 1, 2025 Karan BAIL No. 39458 of 2023 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad